Wait--does the Brandenburg Test have THREE elements??

[BarackTheVote]

I might have missed something, but that last Trump defense attorney said that the Brandenburg Test (test to determine if something is protected speech or unprotected incitement) had three elements, and that Trump didn’t do the first of the three elements, so therefore, his speech was protected.

But what I found from Cornell Law says that the Brandenburg Test has TWO elements:

The speech is “directed to inciting or producing imminent lawless action,” AND
The speech is “likely to incite or produce such action.”

Which, it seems like Trump met those two elements, and that first element “that Trump didn’t do” doesn’t even exist(??)

So, did I miss something??

[Glorfindel]

1. Perhaps the first element is that the speech must be

uttered by a human being with a functioning brain, a test *tRump clearly fails.

[Stallion]

2. I think proving the offending speech itself would be an inherent element

it would be under similar statutes such as slander